09/19/2018 Agreement _ tCAURTQ ‘,
f CY - °4 o, Kevin Madok CPA
a•�N Clerk of the Circuit Court & Comptroller — Monroe County, Florida
DATE: October 3, 2018
TO: Rhonda Haag, Director
Sustainability & Projects
FROM: Pamela G. Hanc a ti .C.
SUBJECT: September 19 BOCC Meeting
Enclosed are four duplicate originals, executed on behalf of Monroe County, of Item R1,
Study Agreement with the U.S. Army Corps of Engineers to initiate a study partnership to
investigate storm and sea level rise vulnerability for the U.S. 1 corridor in Monroe County, funded
up to $3 million by the USACE; also, ratification of the Letter of Intent submitted by the County
Administrator; request for Clerk to sign the Self - Certification of Financial Capability; and authority
for the County Attorney and the Mayor to sign related documents, for your handling.
Once the USACE has signed the documents, please return one fully executed duplicate
original to this office for the record.
Should you have any questions, please feel free to contact me at ext. 3130. Thank you.
cc: County Attorney
Finance
File
KEY WEST MARATHON PLANTATION KEY PK/ROTH BUILDING
500 Whitehead Street 3117 Overseas Highway 88820 Overseas Highway 50 High Point Road
Key West, Florida 33040 Marathon, Florida 33050 Plantation Key, Florida 33070 Plantation Key, Florida 33070
305 - 294 -4641 305 - 289 -6027 305 - 852 -7145 305 -852 -7145
•
Campo-Abra
From: Reichold, Laurel P CIV USARMY CESAJ (US) < Laurel .P.Reichold @usace.army.mil>
Sent: Tuesday, October 9, 2018 11:23 AM
To: Shillinger -Bob; Mercado -Pedro
Cc: Carnago - Jaclyn; Haag- Rhonda; Peters - Katherine; Campo -Abra; Pam Hancock
Subject: RE: Monroe County - FCSA
Nothing further, thank you very much for your prompt response. I will provide executed agreement back to you all
today. Thanks!
Original Message
From: Shillinger -Bob [mailto:Shillinger - Bob @MonroeCounty- FL.Gov]
Sent: Tuesday, October 09, 2018 11:19 AM
To: Reichold, Laurel P CIV USARMY CESAJ (US) < Laurel .P.Reichold @usace.army.mil >; Mercado -Pedro <Mercado -
Pedro@ MonroeCounty- FL.Gov>
Cc: Carnago - Jaclyn <Carnago - Jaclyn @MonroeCounty- FL.Gov >; Haag- Rhonda < Haag- Rhonda @MonroeCounty- FL.Gov >;
Peters - Katherine < Peters - Katherine @MonroeCounty- FL.Gov >; Campo -Abra < Campo -Abra @monroecounty- fl.gov >; Pam
Hancock <phancock @monroe - clerk.com>
Subject: [Non -DoD Source] RE: Monroe County - FCSA
Ms. Reichold:
We consent to the non - substantive, clerical change to the agreement document - i.e., inserting the language "enacted
June 15, 1955" as the date of enactment for Public Law 84 -71, on the first page of the agreement.
Please advise if you require anything additional from our end. I am copying additional county staff involved in the
processing of the agreement on our end so they're aware of this interpretation that this additional language corrects a
scrivener's error.
Bob Shillinger
County Attorney
Monroe County Attorney's Office
1111 12th Street, Suite 408
Key West, FL 33040
(305) 292 -3470
(305) 292 -3516 (facsimile)
Original Message
From: Reichold, Laurel P CIV USARMY CESAJ (US) [mailto:Laurel.P.Reichold @usace.army.mil]
Sent: Tuesday, October 09, 2018 11:09 AM
To: Shillinger -Bob <Shillinger- Bob @MonroeCounty- FL.Gov >; Mercado -Pedro < Mercado - Pedro @MonroeCounty - FL.Gov>
Cc: Carnago - Jaclyn <Carnago - Jaclyn @MonroeCounty- FL.Gov >; Haag- Rhonda < Haag- Rhonda @MonroeCounty - FL.Gov>
Subject: FW: Monroe County - FCSA
1
•
Importance: High
Good Morning,
I apologize for the urgency of this request, however our COL is prepared to execute the agreement at 1130 am today.
We previously coordinated with Ms. Haag on a change to page 1 of the agreement, paragraph 2, with the addition
consisting of "enacted June 15, 1955," you can see this in the version entitled for execution. Please confirm via email
that this is acceptable, then we will replace page 1 of the agreement.
Thank you!
Laurel Reichold
Project Manager
Jacksonville District
US Army Corps of Engineers
Phone- (904)- 232 -1458
Blackberry - (904)- 401 -3871
Original Message
From: Reichold, Laurel P CIV USARMY CESAJ (US)
Sent: Tuesday, October 09, 2018 10:57 AM
To: Haag- Rhonda < Haag- Rhonda @MonroeCounty- FL.Gov >; 'erin deadylaw.com' <erin @deadylaw.com>
Subject: FW: Monroe County - FCSA
Importance: High
Rhonda /Erin,
Pursuant to the attached and below, can your Counsel please concur with the switch out of the front page due to the
addition of the date of enactment. Thank you!
Laurel Reichold
Project Manager
Jacksonville District
US Army Corps of Engineers
Phone- (904) -232 -1458
Blackberry - (904)- 401 -3871
Original Message
From: Reichold, Laurel P CIV USARMY CESAJ (US)
Sent: Thursday, September 27, 2018 2:09 PM
To: 'Haag- Rhonda' < Haag- Rhonda @MonroeCounty- FL.Gov >; 'erin deadylaw.com' <erin @deadylaw.com>
Subject: RE: Monroe County - FCSA
2
Rhonda,
I know you are in process of receiving the signed agreements in order to mail to me (remember 4 originals please!). I
wanted to let you know that SAD recommends putting in the enactment date in the first WHEREAS clause (see attached
highlight). If you are good with this addition, I will plan to exchange page 1 of the agreement for this version once I
received the signed copies from you.
Thanks,
Laurel Reichold
Project Manager
Jacksonville District
US Army Corps of Engineers
Phone- (904)- 232 -1458
Blackberry - (904)- 401 -3871
Original Message
From: Reichold, Laurel P CIV USARMY CESAJ (US)
Sent: Tuesday, September 18, 2018 9:48 AM
To: 'Haag-Rhonda' < Haag- Rhonda @MonroeCounty- FL.Gov >; erin deadylaw.com <erin @deadylaw.com>
Subject: RE: Monroe County - FCSA
No problem, thanks!
Original Message
From: Haag- Rhonda [mailto: Haag- Rhonda @MonroeCounty - FL.Gov]
Sent: Tuesday, September 18, 2018 9:46 AM
To: Reichold, Laurel P CIV USARMY CESAJ (US) < Laurel .P.Reichold @usace.army.mil >; erin deadylaw.com -
<erin @deadylaw.com>
Subject: [Non -DoD Source] RE: Monroe County - FCSA
H Laurel, thanks for the instructions. It will take a few days to get all the documents signed if the commissioners
approve the agreement.
- Rhonda
Original Message
From: Reichold, Laurel P CIV USARMY CESAJ (US) [ mailto: Laurel .P.Reichold @usace.army.mil]
Sent: Tuesday, September 18, 2018 9:35 AM
To: Haag- Rhonda; erin deadylaw.com
Subject: Monroe County - FCSA
Hi Ladies,
Just wanted to check in and see if you needed me to resend anything to you for Thursday's meeting?
3
Please have your Board /CFO /Lawyer sign 4 copies of the agreement and all the certifications, do NOT date the first page
of the agreement, leave that blank, we fill in that date after our COL signs the agreement. Send all 4 signed copies to me
in Jacksonville, and then we send you 2 originals back after our COL signs.
Thanks and let me know if there are any questions at all!
Laurel Reichold
Project Manager
Jacksonville District
US Army Corps of Engineers
701 San Marco Blvd
Jacksonville, FL
32207
Phone- (904)- 232 -1458
Blackberry - (904)- 401 -3871
•
4
AGREEMENT
BETWEEN
THE DEPARTMENT OF THE ARMY
AND
MONROE COUNTY, FLORIDA
FOR THE
MONROE COUNTY, FLORIDA STUDY
THIS AGREEMENT is entered into this day of Qthbet , O �g , by and
between the Department of the Army (hereinafter the "Government "), represented by the District
Commander for Jacksonville District (hereinafter the "District Commander ") and the Monroe
County, Florida (hereinafter the "Non- Federal Sponsor "), represented by the Mayor.
WITNESSETH, THAT:
WHEREAS, Public Law 84 -71, enacted June 15, 1955, authorizes the Secretary of the
Army, in cooperation with the Secretary of Commerce and other Federal agencies, to examine
and survey the eastern and southern seaboard of the United States with respect to hurricanes,
with particular reference to areas where severe damages have occurred (hereinafter the "Study ");
WHEREAS, notwithstanding Section 105(a) of the Water Resources Development Act of
1986 (33 U.S.C. 2215(a)), which specifies the cost - sharing requirements generally applicable to
feasibility studies, Title IV, Division B of the Bipartisan Budget Act of 2018, Public Law 115 -
123, enacted February 9, 2018 (hereinafter `BBA 2018 "), authorizes the Government to conduct
the Study at full Federal expense to the extent that appropriations provided under the
Investigations heading of the BBA 2018 are available and used for such purpose; and
WHEREAS, the Government and the Non - Federal Sponsor have the full authority and
capability to perform in accordance with the terms of this Agreement.
NOW, THEREFORE, the parties agree as follows:
ARTICLE I - OBLIGATIONS OF THE PARTIES
A. In accordance with Federal laws, regulations, and policies, the Government shall
conduct the Study using BBA 2018 funds. In the event that there are insufficient BBA 2018
funds to complete the Study, such completion shall be subject to cost- sharing otherwise
applicable to the Study and amendment of this Agreement.
1. The Government shall conduct the Study consistent with'the Project
Management Plan, which specifies the scope, cost, and schedule for Study activities. In
consultation with the Non - Federal Sponsor, the Government may modify the Project
Management Plan as necessary.
2. The cost of the Study is limited to $3 million in Federal funds, unless the
Assistant Secretary of the Army (Civil Works) approves an exemption for the Study to exceed $3
million.
3. To the extent practicable and in accordance with Federal laws, regulations, and
policies, the Government shall afford the Non - Federal Sponsor the opportunity to review and
comment on solicitations for contracts prior to the Government's issuance of such solicitations;
proposed contract modifications, including change orders; and contract claims prior to resolution
thereof. Ultimately, the contents of solicitations, award of contracts, execution of contract
modifications, and resolution of contract claims shall be exclusively within the control of the
Government.
B. In addition to the ongoing, regular discussions of the parties in the delivery of the
Study, the Government and the Non - Federal Sponsor may establish a Study Coordination Team
to discuss significant issues or actions. The Non - Federal Sponsor's costs for participation on the
Study Coordination Team shall be paid solely by the Non - Federal Sponsor without
reimbursement or credit by the Government.
C. The Non - Federal Sponsor shall not be entitled to any credit or reimbursement for any
costs it incurs in performing its responsibilities under this Agreement.
ARTICLE II - TERMINATION OR SUSPENSION
A. Upon 30 calendar days written notice to the other party, either party may elect at any
time, without penalty, to suspend or terminate future performance of the Study. Furthermore,
unless an exemption is approved by the Assistant Secretary of the Army (Civil Works), the Study
may be terminated if a Report of the Chief of Engineers, or, if applicable, a Report of the
Director of Civil Works, is not signed for the Study within 3 years after the effective date of this
Agreement.
B. If the Government determines at any time that BBA 2018 funds made available for
the Study are not sufficient to complete the Study, the Government shall so notify the Non -
Federal Sponsor in writing, and upon exhaustion of such funds, the Government shall suspend
the Study until the parties execute an amendment to this Agreement that provides for cost -
sharing of the remaining work.
ARTICLE III - DISPUTE RESOLUTION
•
As a condition precedent to a party bringing any suit for breach of this Agreement, that
party must first notify the other party in writing of the nature of the purported breach and seek in
good faith to resolve the dispute through negotiation. If the parties cannot resolve the dispute
through negotiation, they may agree to a mutually acceptable method of non- binding alternative
dispute resolution with a qualified third party acceptable to the parties. Each party shall pay an
equal share of any costs for the services provided by such a third party as such costs are incurred.
2
ARTICLE IV - RELATIONSHIP OF PARTIES
In the exercise of their respective rights and obligations under this Agreement, the
Government and the Non - Federal Sponsor each act in an independent capacity, and neither is to
be considered the officer, agent, or employee of the other. Neither party shall provide, without
the consent of the other party, any contractor with a release that waives or purports to waive any
rights a party may have to seek relief or redress against that contractor.
ARTICLE V - NOTICES
Any notice, request, demand, or other communication required or permitted to be given
under this Agreement shall be deemed to have been duly given if in writing and delivered
personally or mailed by certified or registered mail, with return receipt, as shown below. A
party may change the recipient or address for such communications by giving written notice to
the other party in the manner provided in this Article.
If to the Non - Federal Sponsor:
Mayor
Monroe County
1100 Simonton Street
Key West, Florida 33040
If to the Government:
District Commander
U.S. Army Corps of Engineers, Jacksonville District
P.O. Box 4970
Jacksonville, Florida 32232 -0019
ARTICLE VI - CONFIDENTIALITY
To the extent permitted by the laws governing each party, the parties agree to maintain
the confidentiality of exchanged information when requested to do so by the providing party.
3
ARTICLE VII - THIRD PARTY RIGHTS, BENEFITS, OR LIABILITIES
Nothing in this Agreement is intended, nor may be construed, to create any rights, confer
any benefits, or relieve any liability, of any kind whatsoever in any third person not a party to
this Agreement.
IN WITNESS WHEREOF, the parties hereto have executed this Agreement, which shall
become effective upon the date it is signed by the District Commander.
DEPARTME 4F THE ARMY MONROE COUNTY, FLORIDA
______A_____
BY: / _ BY:
ire : II . Kelly, Jr. David Rice
Colonel, U.S. Army Mayor
District Commander
DATE: ai-.be-t 9, 2o/ s) IE : 9 2' 1 8
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I A , P I 1 , VIN MADOK, CLERK
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Deputy Clerk
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ASSISTANT ' i LINTY ATTORNEYS o
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4
CERTIFICATION REGARDING LOBBYING
The undersigned certifies, to the best of his or her knowledge and belief that:
(1) No Federal appropriated funds have been paid or will be paid, by or on behalf of the
undersigned, to any person for influencing or attempting to influence an officer or employee of
any agency, a Member of Congress, an officer or employee of Congress, or an employee of a
Member of Congress in connection with the awarding of any Federal contract, the making of any
Federal grant, the making of any Federal loan, the entering into of any cooperative agreement,
and the extension, continuation, renewal, amendment, or modification of any Federal contract,
grant, loan, or cooperative agreement.
(2) If any funds other than Federal appropriated funds have been paid or will be paid to
any person for influencing or attempting to influence an officer or employee of any agency, a
Member of Congress, an officer or employee of Congress, or an employee of a Member of
Congress in connection with this Federal contract, grant, loan, or cooperative agreement, the
undersigned shall complete and submit Standard Form -LLL, "Disclosure Form to Report
Lobbying," in accordance with its instructions.
(3) The undersigned shall require that the language of this certification be included in the .
award documents for all subawards at all tiers (including subcontracts, subgrants, and contracts
under grants, loans, and cooperative agreements) and that all subrecipients shall certify and
disclose accordingly.
This certification is a material representation of fact upon which reliance was placed
when this transaction was made or entered into. Submission of this certification is a prerequisite
for making or entering into this transaction imposed .. _..1,„U.S.C. 1352. Any person who fails to
file the required certification shall be subject to . i ` . , f not less than $10,000 and not
more than $100,000 for each such failure. �
6 1 0
t4 6 ' ° ,,.= VIN MADOK, CLERK
- ; c am �- A
Dave Rice ° ° 4 _ s
Mayor p9 .: ° ;" v f �- a
Monroe County, Florida By:
Deputy Clerk
DATE: '9, 2 ' 1 $
p M OE COU 4 ATMS
P OVED 0 T• " R
P EDRO . MERCADO
ASSISTANT • IJNTY ATTORNEY
Date ' 2-1 4 ,
c.
CERTIFICATE OF AUTHORITY
I, Bob Shillinger, do hereby certify that I am the principal legal officer of Monroe County,
Florida, that Monroe County, Florida is a legally constituted public body with full authority and
legal capability to perform the terms of the Agreement between the Department of the Army and
Monroe County, Florida in connection with the Monroe County, Florida Study, and to pay damages,
if necessary, in the event of the failure to perform in accordance with the terms of the Agreement, as
required by Section 221 of the Flood Control Act of 1970, as amended (42 U.S.C. 1962d -5b),
and that the person who executed the Agreement on behalf of Monroe County, Florida acted within
his statutory authority.
IN WITNESS WHEREQF, I have made and executed this certification this
1 5 day of Ott b 20 l
Bo Shillinger
County Attorney
��,. - "t7�� BOARD OF COUNTY COMMISSIONERS
County of Monroe' , ' ' Mayor Davit! Rice, District 4
Mayor Pro Tern Sylvia 1. Murphy, District 5
The Florida Keys
Vp4i Danny L: Kolhagc. District I
4 �:�
George Neugcnt. District 2
Heather Carruthers. District 3
Office of the County Administrator
The Historic Gato Cigar Factory
1100 Simonton Street, Suite 205
Key West, FL 33040
(305) 292 -4441 — Phone
(305) 292 - 4544 - Fax
September 10, 2018
Colonel Andrew D. Kelly
Commander, Jacksonville District
U.S. Army Corps of Engineers
P.O. Box 4970
Jacksonville, FL 32223 -0019
Dear Colonel Kelly:
With respect to the recently passed Bipartisan Budget Act of 20I8 (Public Law 115 -123),
• Monroe County is willing and able to participate as the Non - Federal Sponsor for the The Monroe
County, Florida Study, in partnership with the U.S. Army Corps of Engineers ( USACE), to
cooperatively investigate storm and sea level rise vulnerability for the US -1 corridor in Monroe
County, FL.
Our agency, Monroe County, understands that a study cannot be initiated unless it is
selected as a viable study with associated allocation of Federal funds provided through Public
Law 115 -123. If selected, we intend to sign a study agreement, and concur with the draft
provided by USACE, to initiate the study with USACE. It is our understanding that the
agreement will target completion of the feasibility study within 3 years at a total cost of no more
than $3 million. Concurrent with the °signing of the agreement, a Draft Project Management Plan
will be developed and agreed upon by Monroe County and USACE. The study will be conducted
and managed by USACE with input from Monroe County. The cost- sharing for the study, with
funds from Public Law 115 -123, will be 100% Federal. Additionally, the County is participating
under the following principles:
• The County is not committed to fund any part of the Study without prior authorization by
the Monroe County Board of County Commissioners.
• The County, as the Non - Federal Sponsor, will have a role in the development of the Draft
and Final Project Management Plan.
• The County will also have input into the award of any contracts related to the Study.
• The County will have a specific role in, and input into the composition of, the Project
Coordination Team if one is established.
Monroe County is aware that this letter constitutes an expression of intent to initiate a
study partnership to address the specified water resources problems and is not a contractual
obligation. We understand that work on the study cannot commence until it is included in the
Administration's request, funds are allocated by the Office of Management and Budget, and an
agreement is signed. It is understood that we or USACE may opt to discontinue the study at any
time after the agreement is signed but will commit to work together as partners from the scoping
phase, including the development of the Draft and Final Project Management Plan, and
subsequent decision points throughout the feasibility study, on providing the necessary support to
risk- informed decision making. If it is determined that additional time or funding is necessary to
support decisions to be made in order to complete the study, our agency will work with USACE
to determine the appropriate course of action.
We also understand that if the results of the feasibility study culminate in a project that is
found to be to be technically feasible, economically justified, and environmentally acceptable,
that the Report of the Chief of Engineers could potentially make the project available for
Preconstruction Engineering and Design and eventual Construction under Public Law 115 -123, .
subject to the availability of funds. We are prepared to work with USACE as these situations
develop and are prepared to engage in negotiations on future agreements and potential Operations
and Maintenance obligations as this project moves forward.
If you require additional information, please contact: Rhonda Haag at (305) 453 -8774 or
haag- rhonda@monroecounty- fl.nov
Sincerely,
f
Roman Gastesi
County Administrator
NON - FEDERAL SPONSOR'S
SELF - CERTIFICATION OF FINANCIAL CAPABILITY
FOR AGREEMENTS
I, Kevin Madok , do hereby certify that I am the Chief Financial Officer
of the Monroe County (the "Non- Federal Sponsor "); that I am aware of the financial obligations
of the Non - Federal Sponsor for the Monroe County, Florida Study; and that the Non - Federal
Sponsor has the financial capability to satisfy the Non - Federal Sponsor's obligations under the
Agreement Between the Department of the Army and Monroe County, Florida Study.
IN WITNESS WHEREOF, I have made and executed this certification this 27th day of
September 2018
BY:
TITLE: Clerk of the Circuit Court & Comptroller
DATE: September 27, 2018
Enc14